David Hope, Baron Hope of Craighead

The Right Honourable The Lord Hope of Craighead KT PC FRSE
Deputy President of the Supreme Court of the United Kingdom
Incumbent
Assumed office 1 October 2009
Monarch	Elizabeth II
President	The Lord Phillips of Worth Matravers
Preceded by	inaugural
Second Senior Lord of Appeal in Ordinary
In office 20 April 2009 – 1 October 2009
Preceded by	The Lord Hoffmann
Succeeded by	Position abolished
Lord of Appeal in Ordinary
In office 1996–2009
Preceded by	The Lord Jauncey of Tullichettle
Succeeded by	Position abolished
Lord Justice General and Lord President of the Court of Session
In office 1989–1996
Preceded by	The Lord Emslie
Succeeded by	The Lord Rodger of Earlsferry
Chancellor of the University of Strathclyde
Incumbent
Assumed office 1998
Deputy	Jim McDonald
Personal details
Born	James Arthur David Hope 27 June 1938 (1938-06-27) (age 73)
Nationality	Scottish
Spouse(s)	Katharine Mary Kerr
Residence	Edinburgh
Alma mater	St John's College, Cambridge; University of Edinburgh
Occupation	Judge
Profession	Advocate
Military service
Service/branch	Army
Years of service	1957–59
Rank	Lieutenant
Unit	Seaforth Highlanders

James Arthur David Hope, Baron Hope of Craighead, KT, PC, FRSE (born 27 June 1938) is a Scottish judge and Deputy President of the Supreme Court of the United Kingdom, having previously been the Second Senior Lord of Appeal in Ordinary.

Early life

Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (née Collie),^[1] and educated at Edinburgh Academy and Rugby School. After National Service as an officer with the Seaforth Highlanders between 1957 and 1959, rising to lieutenant,^[1][2][3] he was an Open Scholar at St John's College, Cambridge in 1959 and graduated B.A. in 1962. He then returned to Scotland and studied at the Faculty of Law of the University of Edinburgh, graduating LL.B. in 1965.^[1]

In 1966, Hope married Katharine Mary Kerr, daughter of solicitor Mark Kerr WS, with whom he has twin sons and a daughter.^[1]

Hope was admitted as an advocate in 1965 and became a Queen's Counsel in 1978.^[4] He served as Standing Junior Counsel in Scotland to the Board of the Inland Revenue from 1974 to 1978, and as an Advocate Depute from 1978 to 1982, prosecuting cases on behalf of the Crown. Between 1985 and 1986, he was Chairman of the Medical Appeal Tribunal and the Pensions Appeal Tribunal, and from 1986 to 1989 was Dean of the Faculty of Advocates.

The Bench

In 1989, Hope became a Senator of the College of Justice, taking the judicial title, Lord Hope, and was appointed directly to the offices of Lord President of the Court of Session and Lord Justice General, Scotland's highest judge. He was made a Privy Counsellor at this time, and was awarded a Life peerage in the 1995 New Year Honours,^[5] his title being gazetted as Baron Hope of Craighead, of Bamff in the District of Perth and Kinross on 28 February 1995.^[6] In 1996, Lord Hope of Craighead retired as Lord President to become a Lord of Appeal in Ordinary,^[7] and was succeeded by Lord Rodger. On 1 October 2009, Hope became one of the first Justices of the Supreme Court of the United Kingdom, and its first Deputy President.

Honours

Lord Hope of Craighead has been Chancellor of the University of Strathclyde since 1998, and was appointed a Fellow in 2000. He was awarded an honorary LL.D. by the University in 1993, and by the University of Aberdeen in 1991 and the University of Edinburgh in 1995. In 2007, he was awarded the David Kelbie Award by the Institute of Contemporary Scotland. He was formerly an Honorary Professor of Law at the University of Aberdeen, and is an honorary member of the Canadian Bar Association (1987) and of The Society of Legal Scholars (1991), an Honorary Fellow of the American College of Trial Lawyers (2000), and an Honorary Bencher of Gray’s Inn (1989) and of the Inn of Court of Northern Ireland (1995). He is also, as of 2008, the Honorary President of the Edinburgh Student Law Review.

On St Andrew's Day, 30 November 2009, Lord Hope was appointed to the Order of the Thistle by Queen Elizabeth II.^[8] The Order of the Thistle is the highest chivalric honour in Scotland. In the UK as a whole it is second only to the Order of the Garter amongst chivalric orders. The order honours Scottish men and women who have held public office or who have contributed in some way to national life.^[9]

Cases

As Deputy President

• R (E) v Jewish Free School [2009] UKSC 1 discrimination in school admission on religious grounds
• R (L) v Commissioner of Police of the Metropolis [2009] UKSC 3 criminal record check and right to respect for private and family life
• BA (Nigeria) v Secretary of State [2009] UKSC 7 right of appeal against deportation orders
• Gisda Cyf v Barratt [2010] UKSC 41 employment contracts intellectually segregated from general contracts
• Cadder v HM Advocate [2010] UKSC 43 police detention of suspects
• Jones v Kaney [2011] UKSC 13 immunity from suit of expert witnesses
• HJ and HT v Home Secretary [2010] UKSC 31 homosexuality in asylum claims
• Fraser v HM Advocate [2011] UKSC 24 role of the Supreme Court in Scots criminal law

As Lord of Appeal

• R v Woollin [1999] 1 A.C. 82 murder and subjective intent
• Lubbe v Cape Plc [2000] 1 WLR 1545 tort liability for shareholders on Donaghue test
• Bruton v London and Quadrant Housing Trust [2000] 1 AC 406 landlord and tenant rights
• White v White [2001] 1 A.C. 596 distribution of property on divorce
• DGFT v First National Bank plc [2001] UKHL 52 unfair contract terms and narrow construction of unreviewable core terms
• Wilson v First County Trust Ltd (No 2) [2003] UKHL 40 CCA 1974 does not contravene pawnshop dealers' "human rights"
• Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22 right to privacy and confidentiality
• Chester v Afshar [2004] UKHL 41 patient's right to give fully informed consent
• Archibald v Fife Council [2004] UKHL 32 reasonable adjustments for disabled means relaxed interviews
• Jackson v Royal Bank of Scotland [2005] UKHL 3 remotness
• Re Spectrum Plus Ltd [2005] UKHL 41 definition of floating charge
• Jackson v Attorney General [2005] UKHL 56 fox hunting ban
• J & H Ritchie Ltd v Lloyd Ltd [2007] UKHL 9 SGA 1979 s 35 and measure of damages for poor quality after repair
• Stack v Dowden [2007] UKHL 17 family property post divorce
• The Achilleas [2008] UKHL 48 remoteness of loss
• Austin v Commissioner of Police of the Metropolis [2009] UKHL 5 kettling
• Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 contract construction not aided by negotiations beforehand

As Lord President

• West v Secretary of State for Scotland 1992 SC 385 Scots judicial review

As Lord Justice General

• Jamieson v HM Advocate 1994 JC 88 rape and consent
• Ross v HM Advocate 1991 JC 210 automatism

References

1. ^ ^{a b c d} A&C Black (December 2008). "HOPE OF CRAIGHEAD, Baron". Who's Who online edition. Oxford University Press. http://www.ukwhoswho.com/view/article/oupww/whoswho/U20699. Retrieved 2009-06-02. 
2. ^ London Gazette: (Supplement) no. 41216. p. 6400. 1 November 1957. Retrieved 2008-12-03.
3. ^ London Gazette: (Supplement) no. 41798. p. 5357. 21 August 1959. Retrieved 2008-12-03.
4. ^ London Gazette: no. 47612. p. 9503. 8 August 1978. Retrieved 2008-12-03.
5. ^ London Gazette: no. 53893. p. 1. 30 December 1994. Retrieved 2008-12-03.
6. ^ London Gazette: no. 53972. p. 3449. 3 March 1995. Retrieved 2008-12-03.
7. ^ London Gazette: no. 54543. p. 13211. 4 October 1996. Retrieved 2008-12-03.
8. ^ London Gazette: no. 59258. p. 20801. 1 December 2009. Retrieved 3 November 2009.
9. ^ "Announcement of new appointments to the Order of the Thistle, 29 November 2009". Royal Household of the United Kingdom. 29 November 2009. http://www.royal.gov.uk/LatestNewsandDiary/Pressreleases/2009/AppointmentofanewKnightoftheOrderoftheThistle29Nov.aspx. Retrieved 1 December 2009. 

Legal offices
Preceded by Lord Emslie	Lord Justice General and Lord President of the Court of Session 1989–1996	Succeeded by Lord Rodger
Preceded by Lord Jauncey	Lord of Appeal in Ordinary 1996–2009	Abolished
Preceded by Lord Hoffmann	Second Senior Law Lord 2009	Abolished
New creation	Deputy President of the Supreme Court of the United Kingdom 2009–present	Incumbent

Persondata
Name	Hope, David
Alternative names
Short description
Date of birth	27 June 1938
Place of birth
Date of death
Place of death